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Fairness In Asbestos Injury Resolution Act Of 2005
An overview of H.R. 1360, the Fairness in Asbestos Injury Resolution (FAIR) Act of 2005, as introduced by Representative Kirk on March 17, 2005. H.R. 1360 would create the Office of Asbestos Disease Compensation, within the Department of Labor, to award damages to asbestos claimants on a no-fault basis. Damages would be paid by the Asbestos Injury Claims Resolution Fund, which would be funded by companies that have previously been sued for asbestos-related injuries, and by insurers of such companies. Asbestos claims could no longer be filed or pursued under state law, except for the enforcement of judgments no longer subject to any appeal or judicial review before the date of enactment of the bill.
Claims of asbestos-related injury have flooded the courts since the 1970s, but litigation has proven to be an inadequate means to resolving all such claims. The Supreme Court has twice struck down attempted global asbestos settlements,1 in both instances inviting Congress to craft a legislative solution.2 In response, various bills have been introduced in past Congresses,3 although none has passed.
On March 17, 2005, Representative Kirk introduced H.R. 1360, the Fairness In Asbestos Injury Resolution (FAIR) Act of 2005. The bill would "create a privately funded, publicly administered fund that will provide compensation for legitimate present and future claimants of asbestos exposure."
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Did You Know?
There are four general types of slip and fall accidents
Trip-and-fall accidents, where there is a foreign object in the walking path. Stump-and-fall accidents, where there is an impediment in the walking surface. Step-and-fall accidents, where there is an unexpected failure or hole in the walking surface Slip-and-fall accidents, in which the interface of the shoe and the floor fails
Both the property owner as well as the injured person can be held to varying degrees of responsibility for an injury.
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Latest news about injury cases in Louisiana and nationwide:
Young Boy Burned Near Old Faithful
A young boy from Utah was burned Saturday evening after falling into water from a recently erupted geyser in Yellowstone National Park.
The... Read more >
Definition:
Among older adults, falls are the leading cause of injury deaths (Murphy 2000) and the most common cause of nonfatal injuries and hospital admissions for trauma
Compensation
Definition:
Compensation is defined as a recompense for loss. If you suffer an injury, either physical or psychological as the result of an accident that was not your fault, then you may be able to claim a financial award to cover any loss of income, the cost of medical bills, or any other costs that you have incurred as a result of the injury or accident that you would not normally have incurred.
Cerebral edema
Definition:
Accumulation of excessive fluid in the substance of the brain. The brain is especially susceptible to injury from edema, because it is located within a confined space and cannot expand.
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